Top Notch Legal
TopNotch Legal provides value for money legal services to business.

Commercial & Retail Leasing

At Top Notch Legal one of our specialties is commercial and retail leasing, whether you are the landlord or the tentant we can help with your legal matters.

Tenants

Are you expecting the Landlord to carry out certain works before you occupy?  If this is the case then most likely you will want those works to be performed before you take up occupation and that they not be delayed.  What rights would you have if the Landlord didn't complete or delayed in completing theworks?  We can help you to ensure the Landlord must deliver what has been promised.

There may be some improvements you want to make to the property. The Landlord may have verbally agreed but the lease document doesn’t allow you to do so. That’s where we can help.

You want to ensure you have a right to transfer the lease in the event you decide to sell the business in the future.  Sometimes there are unnecessary restrictions on your right to do this so get the document checked out before you sign.

Do you know exactly what outgoings, such as rates and taxes etc. you will have to pay for? If you have to pay for land tax then you need to make sure it’s on a single-holding basis only and you will not be liable for any arrears at the time the lease commences.

Do you need to obtain a licence before commencing your business?  For example, a liquor licence?  If this is the case, then there must be a condition that the lease won’t commence until the licence is obtained.

Are you being asked to pay for the Landlord’s costs in preparing the Lease?  If you are a retail tenant then the law protects you against this obligation.

These are just a few of the many considerations when entering into a lease and because it is fundamental to the operation of your business, we believe paying a solicitor to get it right for you is a small expense when compared to the impact it can have on your business if you get it wrong.

Landlords

We understand the problems faced by Landlords – ensuring you have easily exercisable rights. You need your leases to be well drawn so that the rights you think have are not phantom – they are rights that you can exercise. For example, if you accept a bank guarantee from the tenant by way of security we need to ensure you don’t have to provide any proof to the bank before exercising your rights under it. We need to ensure that it stays in place until the Tenant has fulfilled every obligation after the end of the Lease.

You may want to ensure that you have protection in the event of your Tenant exercising its option to renew. Whilst the tenant may not be in default at the time of exercising the option, if they have frequently defaulted during the term you might not want to allow them to renew.

If you have promised a tenant that you will carry out certain works before the lease commences you want to ensure that once those works are completed the tenant can’t have a change of mind and walk away. In this situation you need an Agreement to Lease.  With a well-drawn Agreement to Lease you can be confident your tenant must follow through with the lease.

Sometimes mistakes are made about the nature of the transaction.  It might be assumed to be a lease when, in fact, it is a licence or vice versa.  You must get this right for otherwise you could lost many thousands of dollars.

These are just some of the considerations we take into account when drawing up a commercial lease.  Other considerations and obligations apply to Retail Leases and we are here to help you get it right.

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